BURNS v. STATE

No. 48357.

509 S.W.2d 366 (1974)

Donald Wayne BURNS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 15, 1974.


Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas (Court-appointed on appeal), for appellant.

Henry Wade, Dist. Atty., George B. Shepherd, Jr., Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

McCLOUD, Commissioner.

This is an appeal from a conviction for robbery wherein punishment was assessed at two hundred (200) years.

Theroy White and Homer Butts testified that at about 9 p. m. on August 31, 1972, two men, one of whom was appellant, entered the A & P Food Store where they were employed and robbed them of approximately $900. The indictment alleges Butts as the complaining witness.

Appellant contends in his single...

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